BILL NUMBER: AB 56	CHAPTERED  10/10/99

	CHAPTER   1009
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MARCH 25, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 24, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 11, 1999

INTRODUCED BY   Assembly Member Mazzoni

                        DECEMBER 7, 1998

   An act to add Section 33328 to the Education Code, relating to
English language education, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 56, Mazzoni.  State Department of Education:  English language
education.
   Under Proposition 227, approved by the voters at the June 2, 1998,
primary election, all children in California public schools are
generally required to be taught English by being taught in English in
English language classrooms.
   This bill would require the Superintendent of Public Instruction,
in consultation with the State Board of Education, to convene a
working group for the purpose of selecting a contractor on a
competitive basis to conduct an independent evaluation of the effects
of the implementation of Proposition 227 on the education of pupils
attending kindergarten and grades 1 to 12, inclusive, in California
public schools.  This bill would require that the contract shall
provide for 2 interim reports and a final report to the Governor and
the Legislature.  This bill would require the interim reports to
analyze the preliminary effects of Proposition 227, make findings and
recommendations regarding how a school district may modify its
implementation of Proposition 227 to improve pupils' academic
achievement and acquisition of the English language, and make
findings and recommendations, if any, regarding modifications and
revisions to Proposition 227 that are necessary to facilitate
implementation in a way that will maximize academic achievement and
the acquisition of the English language.
   This bill would require that the final report present results from
sample programs that detail achievement data that identifies
programs that are effective in teaching pupils the English language
and curriculums for limited-English-speaking pupils that are
effective in enabling these pupils to meet state and district
standards, compares program benefits, and detail any unintended
consequences, and identify programs, if any, that are not effective
in teaching pupils the English language and curriculums, if any, for
limited-English-speaking pupils that are not effective in enabling
these pupils to meet state and district standards.
   This bill would provide that its provisions would be implemented
only if funds are appropriated for these purposes.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 33328 is added to the Education Code, to read:

   33328.  (a) It is the intent of the Legislature to evaluate the
effectiveness of programs developed for English learners subsequent
to Proposition 227 in order to ensure that only programs successful
in teaching pupils English and allowing them to meet content
standards are adopted by districts.  After the results of the
evaluation and the dissemination of accurate information on effective
programs, a foundation will exist upon which to hold school
districts accountable for the program choices made and the subsequent
results.  It is also the intent of the Legislature that the
evaluation identify any necessary changes in law to promote programs
that can document success and to allow those programs to continue or
expand.
   (b) The Superintendent of Public Instruction, in consultation with
the State Board of Education, shall convene a working group for the
purpose of selecting a contractor, on a competitive basis, to conduct
an independent evaluation of the effects of the implementation of
Chapter 3 (commencing with Section 300) of Part 1 (Proposition 227)
on the education of pupils attending kindergarten and grades 1 to 12,
inclusive, in California public schools.  The working group shall be
comprised of representatives of the Governor, the Superintendent of
Public Instruction, the State Board of Education, the Assembly
Committee on Education, the Senate Committee on Education, the
Assembly Committee on Appropriations, the Senate Committee on
Appropriations, and other interested parties selected by the working
group.  The evaluation shall be rigorous and shall consider the
long-term effects of programs upon pupils.  The evaluation shall
consider supplemental instruction programs for English learners in
grades 4 to 8, inclusive, established pursuant to the English
Language Acquisition Program (Ch. 4 (commencing with Sec. 400) Pt.
1) enacted pursuant to Chapter 71 of the Statutes of 1999.  The
contract shall provide for two interim reports and one final report.

   (c) (1) The first interim report shall set benchmarks, survey
program methods, and select samples for long-term study.  The first
interim report shall include, but shall not be limited to, samples
regarding rural, suburban, and urban, school districts and programs
in which any of the following conditions exist:
   (A) Pupils have obtained waivers and are receiving a portion of
their instruction in their primary language.
   (B) Pupils are in structured or sheltered English immersion.
   (C) Pupils who are English learners are placed in an English
language mainstream classroom and are receiving no special services.

   (2) The second interim report shall present comparisons of student
performance, shall analyze the preliminary effects of Proposition
227 and shall make preliminary findings and recommendations regarding
how a school district may modify its implementation of Proposition
227 to improve pupils' academic achievement and acquisition of the
English language.
   (3) The interim reports shall also contain preliminary findings
and recommendations, if any, regarding modifications and revisions to
Proposition 227 that are necessary to facilitate implementation in a
way that will maximize academic achievement and the acquisition of
the English language.
   (4) The first interim report shall be delivered to the Governor
and the Legislature on or before October 1, 2000.  The second interim
report shall be delivered to the Governor and the Legislature on or
before May 17, 2002.
   (d) The final report shall present results from sample programs
that detail achievement data and do all of the following:
   (1) Identify programs that are effective in teaching pupils the
English language.
   (2) Identify curriculums for limited-English-speaking pupils that
are effective in enabling these pupils to meet state and district
standards.
   (3) Compare program benefits, and detail any unintended
consequences.
   (4) Identify programs, if any, that are not effective in teaching
pupils the English language.
   (5) Identify curriculums, if any, for limited-English-speaking
pupils that are not effective in enabling these pupils to meet state
and district standards.
   (e) The final report shall be delivered to the Governor and the
Legislature on or before October 1, 2005.
   (f) This section shall be implemented only if funds are
appropriated for the purposes of this section.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   To provide adequate educational opportunities to the 25 percent of
the California pupil population directly affected by Proposition
227, it is necessary for this act to take effect immediately.
